Inform the court that you ha ve been threatened by your superiors for filing writ petition in HC
That you are being threatened to be transferred to distant place
Seek interim reliefs pending hearing and final disposal of petition
Harassing by the authority of the punjab Govt. Board for why filing the CWP in Hon'ble Pb& Hry High
Sir I am working in Punjab Govt. Board situated in Chandigarh, as a Information Assistant on regular post for the last 20 years. My query is regarding seniority list of Information Assistants, wrongly finalized in my Board/department by the authorities and i was mainly affected by this. After that i file a CWP in Hon'ble Punjab and Haryana High Court Chandigarh in the month of Nov-2017, which is pending. Secretary of the Board (IAS Officer) is pressuring me to withdraw the case, and he is mently harassing me that i will transfer you in some bad place of the office there will no time to think about your case. He asked me there is no benefit of court case, it is waste of money. Leave it. Three times he is insulted me in front of officers and my colleagues and junior staff. Now he is asking to administrative officer to transfer him from the computer section to some bad place. Please advise me i have any option to put this matter in Hon'ble court on coming hearing date ( i.e 31-Aug-2018). and what are the point i should put in the Hon'ble court. Please advise ASAP. Sir please give me some solid suggestions. Thanks Daljit Kumar [deleted]
Asked 5 years ago in Civil Law
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7 Answers
Sir Thanks for the advise. Sir my department is Board (autonomous body) of Punjab Govt. Secretary of the Board wants to transfer me in the basement of my office there is no air cross ventilation, basically that is copy room of the board, and it is full of bacterias. I am suffering from three major deceases i.e Diabetes, Thyroid and major disk herniation problem and that seat is not good for my health. Secretary of the Board deliberately want to punish me by transfering me in that bad place. Sir suggest me can i approach to the court before he passing my transfer orders or i should put the matter in the Hon'ble High court after getting transfer orders on next hearing date (i.e 31-Aug-2018) Please advise me sir. Thanks
Asked 5 years ago
As on date you are not transferred
Once you are transferred then you raise grievance on Heath grounds
Hi, you can provide the above said information to court and the court under its discretion can issue suitable action against the senior .. The WRIT petition is the only and the upmost effective way to seek relief in your case
Please don't feel harassed as this is a normal phenomena in service in corporate and as well as in Govt. Services. The point is unless and until your Writ is pending he can't transfer you if he transfers then this is challengable before that court does not give relief on presumptions.
1. If he transfers you now then a fresh cause of action will accrue to you to challenge the transfer on the ground that it has been actuated with malice by the Secretary due to the pending CWP.
2. Your lawyer can draw the attention of the High Court to the threat of transfer on the next date of hearing, albeit the court will not stay the transfer as you have not claimed this relief in your writ petition.
3. Transfer once made by the department can be challenged before the court but there cannot be a stay on a prospective transfer.
If there is a case already pending before court seeking some relief and remedy, you cannot add subsequent developments to your subsisting pleadings/averments.
There is no use in mentioning the subsequent developments in the existing case. If you are aggrieved over the latest development, you may have to seek remedy through legal forums for that separately.
If you have been transferred to that place which you feel is harmful to your health condition, you may make a written representation agaisnt it and seek to place you where it would not be a harm to your health condition.
You can take any legal action only after exhausting the remedies available locally so that you can strongly take up all your cases properly